April 19, 2008
If the employee believes the problem you're having (Fire Employee)
If the employee believes the problem you're having relates to his or her disability, you must address it now. In general, you don't need a jobholder handbook to dismiss. If you didn't use categories, but instead used the infractions, the worker would only have 2 verbal warnings. It allows companies to track a jobholder's problems and if you should layoff the worker, a warning form can serve as a legal document. You can call it something like, "Notice of Worker Discipline" or "Employee Discipline Feedback Report".
If you separate workforce owing to downsizing, keep the all personnel informed. Identify the type of lay off you are dealing with. (When you are not the fired employee's supervisor, be sure you bring the boss as a witness.) Her attorney tells you the "real" reason you laid off her is because the firm expected her to sleep with the CEO or the VP of manufacturing to keep her job. And then, finally, lay off is the last step in escalating discipline. For example, you might say, "Employees who fail to wash their hands after using the rest room will receive one day suspension after the first offense, three days after the second offense, and lay off after the third offense." Or, it could be more general, such as "Workforce who fail to wash their hands after using the rest room will face suspension and possible separation." How much leeway you wish to give yourself when it comes to rehabilitative action is up to you. He can never sue us for improper separation if we never terminate him. If you're an employer and you know your rights, you will be able to avoid any legal disputes that may result from a difficult individual or someone you have fired. For example, "the employee made me angry" is not a good reason. As you review these notifications, you must notice the medium-risk notifications ask for a release of claims while the low-risk notices don't.